Patna High CourtCWJC/12797/2014disposed

Chandrawati Devi v. The State Of Bihar And ORS

2017-07-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12797 of 2014 ====================================================== Chandrawati Devi, Wife of Sri Kabindra Kumar, Resident of Village - Sanda, Police Station - Tekari, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Gaya

3. The Circle Officer, Tekari, District - Gaya

4. Executive officer, Municipality Tekari, Gaya

5. Narendra Singh Son of Sri Deni Sharma at present Resident of Mohalla - Vivekanand Colony ( Deodharpur ), Police Station - Tekari, District - Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-07-2017 Heard Mr.

Manish Kumar, learned Counsel appearing on behalf of the petitioner and learned AC to SC-6 for Respondent Nos. 1 to 4.

The present writ application has been filed for a direction to the respondent authorities, particularly, Respondent No.3, the Circle Officer, Tekari, Gaya, to get the encroachment removed from the land of the petitioner, in view of the report of the Anchal Amin, as contained in Annexure-5 series, by which encroachment was found over the land pertaining to Khata No. 108, Plot Nos.124,127 and 129.

However, in view of the counter affidavit filed on

Patna High Court CWJC No.12797 of 2014 (2) dt.31-07-2017 2/2 behalf of Respondent Nos. 2 and 3, admitting, the encroachment made by respondent no.5 on the private land of the petitioners, learned Counsel, appearing on behalf of the petitioner confines his prayer only to the extent for a direction to Respondent No.3, the Circle Officer, Tekari, for concluding the Measurement Case No.100/2013-14, in light of the report of the Anchal Amin, as contained in Annexure-5 series.

Learned AC to SC-6, appearing on behalf of Respondent Nos. 1 to 4, has no objection if the writ application is disposed of, in view of the confined prayer of the petitioner. Accordingly, the writ application is disposed of with a direction to Respondent No.3, the Circle Officer, Tekari, Gaya, to conclude the Measurement Case No.100/2013-14, within a period of two months of production/receipt of a copy of this order. (Dinesh Kumar Singh, J) Ashwini/- U